Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1469 of 2010 Petitioner :- Satendra Singh Respondent :- State Of U.P. Petitioner Counsel :- Kamlesh Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that according to
the medical report, the girl was aged about 19 years and the doctor opined that
the prosecutrix was used to sexual intercourse. He further referred to the
statement of the prosecutrix recorded under Section 161 CrPC wherein the
prosecutrix had not made any allegation with regard to rape. He further
submits that the prosecutrix under pressure and influence of her parents, in
her statement recorded under Section 164 CrPC, has stated that the applicant
had committed rape on her. He further submits that the prosecutrix remained
in the company of the applicant for several days and visited few places, and
did not make any objection, as such, she was a consenting party. He further
submits that the applicant has got no criminal history and is in jail since
1.9.09.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Satendra Singh involved in Case Crime No. 768 of 2009,
under Sections 363, 366 & 376 IPC, P.S. Bewar, District Mainpuri be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 21.1.2010
vinay